Can dependent claims be rewritten as independent claims after filing an appeal brief?
Yes, rewriting dependent claims into independent form is one of the few types of amendments that may be admitted after filing an appeal brief. According to MPEP 1206: “Amendments filed on or after the date of filing a brief pursuant to 37 CFR 41.37 and within the time period set forth in 37 CFR 90.3…
Read MoreWhen can amendments be filed after an appeal has been filed?
Amendments can be filed at different stages after an appeal has been filed, but their admissibility depends on the timing and nature of the amendment: Amendments filed after the notice of appeal but before the appeal brief may be admitted as provided in 37 CFR 1.116. Amendments filed on or after the date of filing…
Read MoreWhat happens to Information Disclosure Statements (IDS) submitted after a notice of appeal?
Information Disclosure Statements (IDS) submitted after a notice of appeal are handled differently from other types of submissions. According to MPEP 1206: “Information Disclosure Statements submitted after the date of a notice of appeal are normally held in abeyance pending a decision on the appeal. Consideration of Information Disclosure Statements is based on MPEP §…
Read MoreHow does an examiner respond to amendments filed after an appeal has been taken?
Examiners are required to respond to all amendments filed after an appeal has been taken and prior to the transfer of jurisdiction to the Board. The response process is outlined in MPEP 1206: If the examiner denies entry of an amendment, they should use form PTOL-303 (“Advisory Action Before the Filing of an Appeal Brief”)…
Read MoreHow are affidavits or other evidence treated when filed after a notice of appeal?
The treatment of affidavits or other evidence filed after a notice of appeal depends on the timing of the submission: If filed after the notice of appeal but before the appeal brief, they may be admitted if: The examiner determines that they overcome all rejections under appeal, and A showing of good and sufficient reasons…
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